Jurisdiction(s):
United Kingdom

Hong Kong CA: No arbitral jurisdiction absent dispute between contracting parties; negative declarations and engineered claims are public policy abuse; leave to appeal refused (CMB v CDH)

Published on: 09 October 2024

Published by a LexisNexis Arbitration expert

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Article summary

CMBICDHAW INVESTMENTS LTD v CDH FUND V LTD PARTNERSHIP; CDH GRAND CATTLE HOLDINGS LTD; CDH INVESTMENTS MANAGEMENT (HONG KONG) LTD [2024] HKCA 882 What are the practical implications of this case?

CA restated that when no dispute exists between the parties to an arbitration agreement, an arbitrator has no jurisdiction; no controversy falling within the clause has arisen to invoke or trigger that jurisdiction, as such jurisdiction has not been invoked.
The principles governing the proper construction of what amounts to a ‘dispute arising out of or relating to’ an agreement are settled; their operation turns on the particular facts of the case, and application is strictly fact‑dependent.
The court did not give any ‘green light’ to bypass the arbitration agreement (there being no dispute in the first place), and so did not encourage replication of such steps or weaken the objectives of the Arbitration Ordinance Cap 609 or Hong Kong’s effectiveness as an international arbitration centre...

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